ILLINOIS POLLUTION CONTROL BOARD
June 19, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ELYSIUM ENERGY, an Illinois limited
liability corporation,
Respondent.
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PCB 03-223
(Enforcement – Land, Air)
ORDER OF THE BOARD (by T.E. Johnson):
On June 9, 2003, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Elysium Energy.
See
415 ILCS 5/31(c)(1) (2002);
35 Ill. Adm. Code 103.204. The People allege that Elysium Energy violated Sections 9(a) and
(c); 21(a), (e), (o)(4), (p)(1), (p)(3), and (p)(6); and 55(a)(1) and (a)(2) of the Environmental
Protection Act (415 ILCS 5/9(a) and (c); 21(a), (e), (o)(4), (p)(1), (p)(3), and (p)(6); and 55(a)(1)
and (a)(2) (2002)) and 35 Ill. Adm. Code 722.111 and 808.121(a). The People further allege that
Elysium Energy violated these provisions by causing or allowing the consolidation and crushing
of approximately 20 drums or special waste; the consolidation and burning of wood, metal, and
waste tires; the placement of a roll-off container of waste and a bucket leaking a liquid
substance; and the existence and accumulation of drums containing crankcase oil at its facility.
The complaint concerns Elysium Energy’s operating oil field maintenance facility 0.4 miles west
of the intersection of Routes 130 and 25, about three-quarter mile west of West Liberty and 9.5
miles south of Newton, Jasper County.
The Board accepts the complaint for hearing.
See
35 Ill. Adm. Code 103.212(c). A
respondent’s failure to file an answer to a complaint within 60 days after receiving the complaint
may have severe consequences. Generally, if Elysium Energy fails within that timeframe to file
an answer specifically denying, or asserting insufficient knowledge to form a belief of, a material
allegation in the complaint, the Board will consider Elysium Energy to have admitted the
allegation. 35 Ill. Adm. Code 103.204(d). The Board directs the hearing officer to proceed
expeditiously to hearing.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on June 19, 2003, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board